NOTICE TO USER: Please read this agreement carefully. This is an agreement between you and 3D Robotics, Inc. (“3DR,” “we,” or “our”) with offices located at 1608 4th Street, Suite #410, Berkeley, California 94710. By downloading, copying, installing, or using all or any portion of the software, or any updates to the software (collectively, the “Software”), you accept all the terms of this agreement. Once installed, the Software may enable your download of other software for installation and use on a different computer, device, or vehicle. Unless otherwise separately agreed by 3DR, this agreement governs your installation and use of such other software.
If you obtained the Software from 3D Robotics, Inc. or one of our authorized distributors and as long as you comply with the terms of this agreement, 3DR grants you a non-exclusive and non-transferable right to install a single copy of the Software on a compatible computer, device, or vehicle for use by an individual user. You may make a single back-up copy of the Software. Notwithstanding the foregoing, you may make a one-time transfer of your rights in the Software to a purchaser of the computer, device, or vehicle upon which the Software is installed.
2.1 Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear in the Software as we provide it.
2.2 You are not permitted to install the Software on a file server for access by multiple users.
2.3 You will not use the Software other than as permitted by this agreement. You will not use the Software in a manner inconsistent with its design or documentation.
2.4 You will not modify, port, adapt, or translate the Software.
2.5 You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.
2.6 You will not rent, lease, sell, sublicense, assign, or (except as permitted above) transfer your rights in the Software, or authorize any portion of the Software to be copied onto another computer, device, or vehicle.
3.1 3DR may offer updates to the Software at its sole discretion. Unless we tell you otherwise in product documentation or in a separate agreement with you, we do not promise that we will provide you with updates according to any particular schedule, or at all. If you obtained the Software from the Apple App Store or other application distributor, you acknowledge that no such distributor is required to update the Software.
3.2 The Software may be set by default to retrieve and install updates automatically. You may change these default settings within the Software.
3.3 The Software may be set by default to automatically transmit information from your computer, device, or vehicle to 3DR. For example, this information may be technical or environmental information such as the version, model, or unique identifier of the Software or your computer, device, or vehicle. This information may describe the way the Software or your computer, device, or vehicle is used, for example, it flight logs that include flight paths and durations. You permit 3DR to copy, modify, distribute and otherwise fully exploit all such information that it receives. For example, we may use such information to enhance the product support we provide to you or to otherwise improve our products and services. We may use such information to diagnose problems or to administer our product warranty. We may provide such information to our partners, developers, and to other third parties. You may disable the transmission of information through the Software user interface.
The Software and any authorized copies that you make are the intellectual property of 3DR and our suppliers. The structure, organization, databases, and source code of the Software are the valuable trade secrets and confidential information of 3DR and its suppliers. The Software is protected by law and international treaty, including the copyright laws of the United States and other countries. Except as expressly stated, this agreement does not grant you any intellectual property rights in the Software. All rights not expressly granted are reserved by 3DR and its suppliers.
The source code version of some portions of the Software is available to you under separate “open source” licenses, for example the GNU General Public License and the Apache License. Important notices, disclosures, and other information about open source software included in the Software can be found at 3dr.com/open-source.
3DR warrants that the Software will perform substantially as described in its documentation during the 90-day period following the initial receipt of the Software by the original licensee. If the Software fails such warranty, your sole remedy and our sole obligation is to, at our option, replace the Software or refund the license fee paid for the Software (if any). If you obtained the Software from the Apple App Store, and the Software fails this limited warranty, you may contact Apple and request a refund of amounts you paid for the Software, if any. Apple is not responsible for any other claims relating to the Software, including third party claims of infringement. This limited warranty does not apply to Software provided to you on a tryout or evaluation basis. The foregoing limited warranty does not apply to any software that is not published by 3DR, for example, non-3DR software applications that programmatically interoperate with the Software.
THE LIMITED WARRANTY ABOVE IS THE ONLY WARRANTY OFFERED BY 3DR, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS AND IT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR 3DR’S, ITS AFFILIATES’, SUPPLIERS’, OR DISTRIBUTORS’ BREACH OF THAT WARRANTY. THE LIMITED WARRANTY ABOVE AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, 3DR, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, 3DR, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS PROVIDE THE SOFTWARE AS-IS AND WITH ALL FAULTS.
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY 3DR ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, 3DR, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A 3DR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, 3DR’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL BE LIMITED TO THE REFUND OF THE AMOUNT PAID FOR THE SOFTWARE.
THE FOREGOING WARRANTY, LIMITATIONS, AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS.
Any communication from you to 3DR concerning the Software must be made to the address stated above. If you obtained the Software at the Apple App Store or other distribution point, you acknowledge that the operator of any such distribution point and its affiliates are third party beneficiaries of this agreement and that such parties will have the right to enforce this agreement against you. This agreement is governed by and to be construed in accordance with the substantive laws in force in the State of California and any dispute relating to this agreement will be heard only in the state or federal courts located in Alameda County, California (if suit is brought in state court) or the Northern District of California (if suit is brought in federal court). Each party shall submit to the jurisdiction of such courts. Notwithstanding the foregoing, either party may seek injunctive or other emergency relief in any competent court.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of 3DR. This is the entire agreement between 3DR and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
The Software is a “Commercial Item(s),” as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Sections 12.212 and 227.7202. Consistent with those sections, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Version: April 21, 2015